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Minutes - 01/20/2015 TH MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 20 DAY OF JANUARY 2015, IN THE CITY HALL, LOCATED AT 1212 AVENUE M, IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS, AT 5:00 P.M. The Council met in a regular session with the following: COUNCILMEMBERS PRESENT: Mac Woodward, Andy Brauninger, Lydia Montgomery, Don H. Johnson, Keith D. Olson, Joe Emmett, Tish Humphrey, Ronald Allen, Joe P. Rodriquez COUNCILMEMBERS ABSENT: None OFFICERS PRESENT: Matt Benoit, City Manager, Leonard Schneider, City Attorney, Lee Woodward, City Secretary_____________________________ SPECIAL SESSION \[5:00 P.M.\] 1. CALL TO ORDER – Mayor Woodward called the meeting to order at 5:00 p.m. 2. EXECUTIVE SESSION a. City Council will meet in Executive Session pursuant to Texas Government Code Section 551.071 (consultation with counsel on legal matters) to receive legal advice on a proposed to discuss the draft water supply contract with Tenaska Roan’s Prairie, and to receive legal advice on amending discuss possible amendments to the Tenaska Frontier water supply contract. \[Carol Reed, Public Works Director\] The Council adjourned into Executive Session at 5:01 p.m. (Councilmember Johnson arrived at 5:04 p.m.) 3. RECONVENE a. Take action, if necessary, on items discussed in Executive Session. The Council reconvened at 5:46 p.m. 4. ADJOURNMENT Mayor Woodward adjourned the meeting at 5:46 p.m. MAIN SESSION \[6:00 P.M.\] 1. CALL TO ORDER – Mayor Woodward called the meeting to order at 6:00 p.m. 2. INVOCATION AND PLEDGES – Councilmember Don Johnson gave an invocation and Maddox Goins of the YMCA led the pledges. 3. CONSENT AGENDA Public Comments will be called for by the presiding officer before action is taken on these items. (Approval of Consent Agenda authorizes the City Manager to implement each item in accordance with staff recommendations. An item may be removed from the Consent Agenda and added to the Statutory Agenda for full discussion by request of a member of Council.) a. Approve the minutes of the City Council meetings held on January 6, 2015 and Strategic Planning on January 13, 2015. \[Lee Woodward, City Secretary\] b. Consider the purchase of a Vacuum Hydro-Excavator for the Water and Wastewater Divisions. \[Carol Reed, Director of Public Works\] c. Consider adoption of the City Council’s 2015 Strategic Plan. \[Mayor Woodward\] Councilmember Allen asked to pull item c. Councilmember Olson moved to approve the consent agenda and was seconded by Councilmember Montgomery. The motion for items a and b was adopted unanimously, 9-0. Councilmember Humphrey moved to adopt the Strategic Plan and was seconded by Councilmembers Johnson and Montgomery. Councilmember Allen moved to amend the Strategic Plan Goal #3, Objective #1 to strike “Consider placing an item on a ballot in 2015” and insert “Place an item on the May 2015 ballot” and was seconded by Councilmember Rodriquez. Councilmember Olson moved the previous question, the motion was lost for lack of a second. The amendment was lost, 3-6, Councilmembers Allen, Brauninger, and Rodriquez voting in support of the amendment. The motion to adopt the Strategic Plan was adopted 8-1, Councilmember Allen voting against. 4. STATUTORY AGENDA a. Presentation, public comment, discussion, and possible action to consider award of bid and possible lease terms for Montgomery Park. \[Matt Benoit, City Manager\] Charles Smither, Jr. spoke on his concern for the proposed use in relation to its purchased value. Mr. Smither stated when asked that, if he was awarded the bid for either of his two companies’ bids, he would find a profitable commercial project within the confines of allowable uses. George Russell spoke on his belief that the lot’s highest and best use would be as a beautiful entrance to the University and that maintaining the natural habitat would be his aim if he was awarded the bid. Pastor Gary Garrison of the Second Baptist Church said they intended to place a monument-type sign including LED lighting if awarded the bid, and that it was understood that some trees, especially on the front of the property, would need to be removed for any signing. Councilmember Olson moved to award the bid to Second Baptist Church for $1200 annually, contingent that the renderings were “pleasing to the Council” and was seconded by Councilmember Johnson. Mayor Woodward moved the Council receive legal advice at the dais and was seconded by Councilmembers Olson and Allen. The motion was adopted, 8-1, Councilmember Humphrey voting against. City Attorney Leonard Schneider discussed legal restrictions on leasing public park property and recommended that some usage consistent with a park be maintained, the term of the lease be twenty years or less, and that a public hearing be held if the property is utilized for non-public park usage. The main motion for award of bid to the highest bidder, with a lease negotiated by the City Manager and overseen by the City Attorney, was lost, 3-6, Councilmembers Johnson, Olson, and Humphrey voting in support. Councilmember Johnson moved the City enter into good faith negotiations with Second Baptist Church and that the negotiated instrument come back before the Council for approval and was seconded by Councilmember Olson. The motion was lost, 4-5, Councilmembers Johnson, Olson, Montgomery, and Humphrey voting in support. b. Presentation, public comment, discussion, and possible action to consider a request for a change in zoning classification of Far Hills Addition, Section 2, Lot 68, located at 53 State Highway 75 North, from Neighborhood Conservation to Management, second reading. \[Aron Kulhavy, Director of Community and Economic Development\] Councilmember Emmett moved to approve the request for a change in zoning classification of Far Hills Addition, Section 2, Lot 68, located at 53 State Highway 75 North, from Neighborhood Conservation to Management and was seconded by Councilmember Humphrey. Brandon and Monica Henry and Margaret Miller-Paulsel spoke in support of the change. The motion was adopted 7-2, Councilmembers Johnson and Montgomery voting against. c. FIRST READING - Presentation, public comment, discussion, and possible action to consider adoption of Ordinance 2015-12, updating Chapter 38, Article I, Section 38-8 Yard Waste and Heavy Trash of the City of Huntsville Code of Ordinances, first reading. \[Carol Reed, Director of Public Works\] Carol Reed, Director of Public Works, confirmed for the Council that the proposed rate and service changes would go into effect on April 3, 2015. (First reading, no action taken.) d. Presentation, public comment, discussion, and possible action to consider adoption of Ordinance 2015-13, amending the FY14-15 fee schedule in accordance with changes in Ordinance 2015-13. \[Steve Ritter, Finance Director\] Councilmember Humphrey moved to adopt Ordinance 2015-13, amending the FY14-15 fee schedule in accordance with Ordinance 2015-13 and was seconded by Councilmember Johnson. The motion was adopted 8-1, Councilmember Allen voting against. e. Presentation, public comment, discussion, and possible action to consider authorizing the City Manager to sign an Interlocal Agreement with Sam Houston State University for the joint planning, design, and financial participation of a crosswalk project on Bobby K. Marks Drive. \[Matt Benoit, City Manager\] Councilmember Johnson moved to authorize the City Manager to sign an Interlocal Agreement with Sam Houston State University for the joint planning, design, and financial participation of a crosswalk project on Bobby K. Marks Drive, and was seconded by Councilmember Humphrey. The motion was adopted unanimously, 9-0. f. FIRST READING - Presentation, public comment, discussion, and possible action to consider the award of bid for BOT-TDCJ Sewer Extension Project Construction (Project #11-10-27), first reading. \[Y. S. “Ram” Ramachandra, City Engineer\] (First reading, no action taken.) g. Presentation, public comment, discussion, and possible action to consider authorizing the City Manager to sign a Consulting Services Agreement with Weaver Boos and a Construction Manager-at-Risk Contract with Anchor Construction for design and construction of the Transfer Station. \[Matt Benoit, City Manager\] Councilmember Olson moved to authorize the City Manager to sign a Consulting Services Agreement with Weaver Boos and a Construction Manager-at-Risk Contract with Anchor Construction for design and construction of the Transfer Station and was seconded by Councilmember Humphrey. The motion was adopted unanimously, 9-0. 5. MAYOR/CITY COUNCIL/CITY MANAGER AND CITY ATTORNEY REPORT a. City Manager’s Report 1. Updates on City construction, grants, studies, City projects, City purchases, and economic development. City Engineer Ram Ramachandra updated the Council on waterline replacement projects on Normal Park and Avenue M. 6. REQUESTS FOR CITIZEN PARTICIPATION No requests were received by noon on Tuesday, January 13, 2015. The Mayor permitted Darryl Bailey to speak on the water line on Holly Springs. Mr. Bailey asked the City move its line inside the easement. 7. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA Stephen Green of The Huntsville Item said it was a pleasure covering the Council and confirmed the fee schedule changes approved but not a part of Ordinance 2015-12 would be effective immediately. 8. ITEMS OF COMMUNITY INTEREST (Hear announcements concerning items of community interest from the Mayor, Councilmembers, and City staff for which no action will be discussed or taken.) Ronnie Hale of Entergy announced they will have a planned outage on Montgomery Road between Sam Houston Avenue and I-45 on Wednesday, January 21, from 9 a.m.-1 p.m. for needed reliability improvements. For questions, call Ronnie Hale at 936-870-5499. Mayor Woodward presented the following items: - The Mary Laura Gibbs quilt exhibit is on display at the Wynne Home Arts Center through April 15. - The National Book Awards will be coming to SHSU this March, and organizers are supporting these efforts by participating in National Readathon Day on January 24. Contact Amanda Nowlin-O’Banion at 294-4109 for more information. - There are lots of things going on at the Huntsville Public Library, including a Family Story Time, the extended submission period for their art contest, and an upcoming Master Gardener’s Spring Veggie Workshop. Visit the Library’s Facebook page or follow them on twitter for all the latest. Councilmember Humphrey SHSU and SFA would play in a basketball game Saturday. Councilmember Brauninger expressed his pride in the community for the turnout and fundraising at the annual Wounded Warrior Banquet. 9. EXECUTIVE SESSION a. City Council will meet in Executive Session pursuant to Texas Government Code Section 551.072 (deliberation regarding purchase, exchange, lease, or value of real property) to discuss award of bid and possible lease terms for Montgomery Park. \[Matt Benoit, City Manager\] This item was not taken up. 10. RECONVENE a. Take action, if necessary, on items addressed during Executive Session. This item was not taken up. 11. ADJOURNMENT Mayor Woodward adjourned the meeting at 8:12 p.m. Lee Woodward, City Secretary